Summary
In Olson v. American Oil Co., 604 F.2d 26 (8th Cir. 1979), an employee injured on the job in North Dakota chose to file his workers' compensation claim in Minnesota, where he also worked and where his employer also provided coverage, and to bring a tort action against the employer in North Dakota. The court held that the immunity afforded employers under the North Dakota workers' compensation statute was not defeated by the plaintiff-employee's election to pursue benefits in Minnesota.
Summary of this case from Snyder v. Celsius Energy Co.Opinion
No. 79-1047.
Submitted June 14, 1979.
Decided July 3, 1979.
James L. Lamb, Degnan, McElroy, Lamb, Camrud, Maddock Olson, Grand Forks, N.D., for appellant.
John D. Kelly, Vogel, Brantner, Kelly, Knutson, Weir Bye, Fargo, N.D., for appellee American Oil; Jane C. Heinley, Fargo, N.D., on the brief.
Mitchell Mahoney, Pringle Herigstad, Minot, N.D., for appellee Hanson.
Appeal from the United States District Court for the District of North Dakota, Bruce M. Van Sickle, Judge.
Before HEANEY, ROSS and STEPHENSON, Circuit Judges.
Orville L. Olson, Jr., appeals from a decision of the District Court granting motions for summary judgment in favor of American Oil Company and Wally Hanson, an employee of American Oil Company. The primary issue on appeal is whether Olson's common law action against American and Hanson is barred in light of the payments American made to Olson pursuant to Minnesota Workmen's Compensation laws.
We have carefully considered the briefs and the record. We affirm on the basis of the District Court's opinion. Orville L. Olson, Jr. v. American Oil Company and Wally Hanson, 474 F. Supp. 560 (D.N.D. 1978).